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THURSDAY, JANUARY 29, 1976
THE OTHER IS WHERE IT IS CONSIDERED APPROPRIATE TO INSTITUTE A PROSECUTION FOR AN OFFENCE OTHER THAN A CORRUPTION OFFENCE WHETHER OR NOT THERE IS ALSO EVIDENCE OF AN OFFENCE UNDER THE PREVENTION OF BRIBERY ORDINANCE.
AT PRESENT THE COMMISSION HAS NO AUTHORITY TO RELEASE AN ARRESTED PERSON ON BAIL EXCEPT THROUGH THE POLICE FORCE, AND AN AMENDMENT IN THE BILL WILL ENABLE AN OFFICER OF THE COMMISSION TO GRANT BAIL ALONG THE LINES PROVIDED FOR IN THE POLICE FORCE ORDINANCE. BAIL GRANTED UNDER THIS PROVISION MAY BE EXTENDED FROM TIME TO TIME BY AN ASSISTANT DIRECTOR OF THE COMMISSION.
ALSO INCORPORATED INTO THE ORDINANCE ARE CLAUSES DEALING SPECIFICALLY WITH THE POWERS OF OFFICERS OF THE COMMISSION TO SEARCH PERSONS ARRESTED IN CONNECTION WITH AN OFFENCE OR ANYONE SUSPECTED OF BEING GUILTY OF AN OFFENCE WHICH THE COMMISSION IS INVESTIGATING, THE NEW CLAUSES ALSO DEAL WITH THE SEACHING OF PREMISES IN WHICH SUSPECTED PERSONS ARE ARRESTED AND INCLUDE A GENERAL POWER TO SEIZE ANYTHING WHICH
IS BELIEVED TO BE EVIDENCE OF SUCH AN OFFENCE.
THERE IS ALSO PROVISION FOR THE SEARCH OF PREMISES, UNDER A MAGISTRATE'S WARRANT, IN CONNECTION WITH THE COMMISSION'S INVESTIGATION OF OFFENCES AND FOR THE TAKING OF PHOTOGRAPHS, FINGERPRINTS AND MEASUREMENTS FOR RECORD PURPOSE.
THE BILL ALSO INTRODUCES THREE NEW OFFENCES - RESISTING OR OBSTRUCTING AN ICAC OFFICER IN THE EXECUTION OF HIS DUTY- KNOWINGLY MAKING A FALSE REPORT TO AN ICAC OFFICER OR MISLEADING HIM BY FALSE INFORMATION OR STATEMENTS, AND, FALSELY PRETENDING TO BE, OR TO HAVE THE POWERS OF AN ICAC OFFICER.
IN THE PREVENTION OF BRIBERY (AMENDMENT) BILL, IT IS PROPOSED TO PROVIDE, AS AN ALTERNATIVE TO PERSONAL SERVICE, THAT A NOTICE OR ORDER UNDER THE PREVENTION OF BRIBERY ORDINANCE - RESTRAINING A SUSPECT OR A THIRD PARTY FROM DEALING WITH PROPERTY MAY BE SERVED IN ANY WAY AUTHORISED BY THE DISTRICT COURT.
IT IS ALSO PROPOSED THAT ALL PROCEEDINGS BEFORE A MAGISTRATE IN RELATION TO THE SURRENDER OF TRAVEL DOCUMENTS BE HEARD IN CHAMBERS.
TWO OF THE NEW OFFENCES PROPOSED IN THE INDEPENDENT COMMISSION AGAINST CORRUPTION (AMENDMENT) BILL FOLLOW OFFENCES ALREADY IN THE POLICE FORCE ORDINANCE AND THE THIRD, WHICH IS BASED ON SECTION 22 OF THE SUMMARY OFFENCES ORDINANCE, IS FOR THE PROTECTION OF THE PUBLIC TO MINIMISE THE DANGER OF IMPERSONATION
THE SPOKESMAN NOTED THAT SINCE MAY 1974 REPORTED CASES OF IMPERSONATION.
OF ICAC OFFICERS. THERE HAD BEEN 22
13.